Malpractice Litigation

Malpractice litigation can be a lengthy and complicated process. It requires the patient or a legally appointed representative, to prove that the doctor had a duty to care, and that the physician violated the duty and injury resulted.

Many proposals have been put forward to modify the rules of law governing malpractice claims and replace the trial and jury system with a system that could reduce costs, speed settlements, eliminate excessively generous juries and filter out unsubstantial medical claims.

Incorrect diagnosis

The misdiagnosis of a patient is among the most frequent forms of medical malpractice. It occurs millions of times each year, with devastating consequences, such as unnecessary surgical procedures, prolonged hospital stays, or even aggressive treatment. In some instances the wrong diagnosis can result in death.

To prove malpractice attorneys, the doctor must have breached his obligation to the patient by failing to diagnose an injury or illness correctly. In most instances, proving a doctor's inability to adhere to the standards of care requires a specialized opinion, for instance, from an expert in medical practice who is knowledgeable about the type of illness involved in the instance. The expert must also show that the physician failed to adequately add the disease to the list of differential diagnoses by using methods such as asking more questions, conducting further examinations, or ordering more tests to aid in the diagnostic process.

A plaintiff must also show that the injuries caused by an incorrect diagnosis result of the breach of duty. This typically means establishing actual damages, like past and future medical expenses loss of income, suffering and pain, shortened life expectancy, and other damages. The victim must bring the lawsuit within the statute of limitations which is typically two or three years after the date of the harm.

Unskillful Procedure

It may shock you to learn that surgeons carry out the wrong procedure on patients around 20 times a week. These surgical errors typically cause patients to be faced with unanticipated medical bills and pain and suffering. A medical malpractice lawyer can assist you in obtaining the compensation you're due for your losses.

A successful malpractice suit requires a strong claim that the doctor was negligent. A malpractice claim caused by a surgical error must prove that the defendant's actions diverged from the usual care that would have been provided by doctors with similar training in similar circumstances. This can be demonstrated through expert testimony and a thorough review of medical documents.

During the discovery process, your attorney and the defense team will share relevant documents to be used in your case. These documents could include medical and surgical records, lab reports, and documentation of your injuries. Your lawyer will question witnesses to gather information on your case. When you meet with the witness, the attorney opposing you will inquire about your concerns under the oath. This is known as a deposition.

The wrong-site procedure is a very rare but serious form of malpractice. This type of malpractice usually involves an error by a physician who fails to adhere to the surgical recommendations or a patient's medical history. In this situation, it is easy to establish the negligence. It's not always straightforward to determine which surgeon should be held responsible.

Wrong Drugs

Drug errors can cause injuries or worsening health issues in more than a half million Americans each year. Doctors must exercise extreme care when prescribing medication to ensure that they are safe and appropriate for the patient. If the doctor's actions are not in line with the medical standard of care and you suffer severe injury as result, it could be malpractice.

Sometimes, the error may not occur at the doctor's office, but rather at the hospital. A nurse could misunderstand a prescribed medication and administer the incorrect dosage or medication. A pharmacy could also make an error in filling the incorrect prescription or filling the medication that contains harmful ingredients.

Medication errors are the most prevalent type of medical malpractice claim which our firm handles. Our firm is frequently contacted by clients who have been prescribed the wrong drug by their medical professionals which resulted in serious injuries or even death. Our attorneys will work to determine where the error happened within the chain of command and who's accountable for your injuries. We will help you determine the value of your damages. This would include any medical costs as well as lost wages and the pain and suffering that resulted from the injuries you suffered due to the medication error. The more severe your injuries, the greater the damages. You deserve adequate compensation. We can assist you to get the compensation you deserve.

Emergency Room Errors

Emergency rooms are high-stress, high-pressure environments that pose a risk to patients. Doctors are usually under a lot of pressure to see as many patients as they can and are required to run tests quickly and be in constant communication with each other and read or write reports while also providing high-quality medical care to each patient. Unfortunately, these busy environments lead to mistakes that can result in catastrophic consequences.

ER errors can include anything from misdiagnosis and premature discharge of patients. The most frequent causes of ER errors include an inadequate medical history, misinterpretation of test results and a failure to speak with specialists. ER staff can also make mistakes when communicating with each other or with the patient such as not mentioning a patient's allergies or adverse health conditions, or not giving the correct instructions to nurses.

To be able to establish grounds to bring a malpractice suit, the plaintiff has to first prove that the medical professional breached the standard of care. The standard of care is defined as the amount of care that a reasonable medical professional could have provided in similar circumstances. The plaintiff has to prove that negligence led to their injury and the resulting damages. A successful plaintiff can recover compensation for past and future medical bills, physical suffering and pain loss of earnings, attorneys earning capacity as well as funeral expenses when appropriate.